This proposal is valid for acceptance for a period of 15 days.

 

Warranty Information:

​All new installations include a comprehensive warranty for your peace of mind. You’ll receive a 1-year free labor warranty, followed by 50% off labor costs in years two and three. In addition, all new equipment is backed by a 10-year manufacturer parts warranty, ensuring long-term reliability and protection for your investment. Please note that this warranty excludes existing ductwork, line sets, electrical components, and drain lines.

​

Equipment Coverage:

-Condenser and Air Handler: Manufacturer provides a 10-year parts warranty

-Thermostat: Manufacturer provides a 5-year warranty

​

26 Degree HVAC will ensure that your equipment is registered with the manufacturer, and a copy of the registration will be emailed to you. Please be advised that freight, warranty fee, and miscellaneous materials required for the replacement of warranted parts are not covered.

​

Warranty coverage does not include damage caused by misuse, neglect, lack of maintenance, power surges, improper operation, or unauthorized repairs or modifications. Routine maintenance is required to uphold the manufacturer warranty.

​

Terms of Agreement:

- A 50% deposit is required upon acceptance of this proposal.

- The remaining balance is due upon completion of the work.

​

All materials provided are guaranteed to meet specified standards. All work will be executed in a professional manner in accordance with Collier County codes and industry best practices. Any alterations or deviations from the specifications that incur additional costs will only be executed upon written change orders signed by the buyer. Such changes will result in additional charges beyond the original contract amount.

All agreements are subject to unforeseen accidents or delays beyond our control. The owner or builder is responsible for maintaining fire, tornado, and other necessary insurance. Our workers are fully covered by Workers' Compensation, and 26 Degree HVAC maintains liability insurance exceeding the required limits. Certification of this insurance is available upon request at our office.

 ​

If you wish to proceed with scheduling this work, please approve, sign and make the 50% deposit from this quote.

By signing, you acknowledge that the prices, specifications, and conditions outlined above are satisfactory, and you authorize us to proceed with the work as specified. Payment will be expected upon receipt of invoice(s).

 

We look forward to providing you with our services.

​

ACKNOWLEDGMENT:
By signing below, the parties acknowledge that they have read, understood, and voluntarily agreed to the terms and conditions contained herein. The parties further acknowledge that this Agreement is entered into for the purpose of inducing the Contractor to perform services at the Property and shall be binding and enforceable under the laws of the State of Florida.

All materials shall be furnished as specified, and all work shall be performed in a professional and workmanlike manner in accordance with applicable industry standards and local practices.

Any additional repairs, corrective work, or recommendations identified during service that fall outside the original scope of work shall be quoted and billed separately upon approval.

All agreements are contingent upon delays or circumstances beyond the Contractor’s reasonable control.

​

26 Degree HVAC is fully licensed and insured. Proof of insurance is available upon request.

​

**Legal Notice:** “Any claims for construction defects are subject to the notice and cure provisions of Chapter 558, Florida Statutes.”

​

​

​

ACCEPTANCE TERMS:
This Agreement and estimate shall remain valid for a period of fifteen (15) days from the date of issuance. If the Owner does not accept the Agreement within this period, the Contractor reserves the right to withdraw, modify, or reissue the proposal without notice.

This Service Agreement (“Agreement”) is entered into as of the date set forth in this estimate by and between 26 Degree HVAC (“Contractor”) and the property owner identified in this estimate (“Owner”).

WHEREAS, the Owner desires to engage the Contractor to perform certain services at the property identified in this estimate (“Property”);

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, the parties agree as follows:

 

SCOPE OF WORK:
The Contractor agrees to furnish all labor, materials, tools, equipment, and services necessary to complete the work described in this estimate (“Work”), unless otherwise expressly stated in writing. The specific scope of work is detailed above and incorporated herein by reference.

​

CONTRACTOR RESPONSIBILITIES:
The Contractor shall perform the Work in a professional and workmanlike manner, consistent with applicable industry standards and in compliance with all applicable laws, codes, ordinances, and regulations.

The Contractor shall provide all necessary labor, supervision, equipment, tools, and materials required to complete the Work efficiently and safely. The Contractor further represents that it maintains all licenses and insurance required by applicable law, including general liability and workers’ compensation coverage.

The Owner shall provide reasonable access to the Property and ensure the availability of necessary utilities, including electricity and water. The Owner shall maintain appropriate property insurance coverage, including but not limited to fire, flood, windstorm, and other casualty coverage.

The Owner further agrees to disclose any known pre-existing conditions, concealed hazards, structural concerns, or utility-related issues that may affect the Work prior to commencement.

​

TIME AND MATERIALS / UNFORESEEN CONDITIONS:
In the event unforeseen conditions arise during performance of the Work, including but not limited to concealed damage, hazardous materials, code deficiencies, weather-related delays, or restricted site access, the Contractor reserves the right to charge for additional labor, materials, equipment, and related costs beyond the original scope of work.

The Contractor shall notify the Owner of such conditions and provide a revised estimate or change order for approval prior to proceeding whenever reasonably practicable.

​

JOBSITE CONDITIONS:
The Owner represents and warrants that the Property is free from undisclosed hazardous materials or unsafe conditions that could interfere with or increase the cost of the Work.

Should hazardous or concealed conditions be discovered, the Owner shall be responsible for all costs associated with remediation, delay, or additional work resulting therefrom.

The Owner agrees to provide the Contractor with reasonable access to the Property during normal working hours and to obtain any approvals, permissions, or authorizations required prior to commencement of the Work, unless otherwise agreed in writing.

​

CHANGES IN SCOPE OF WORK:
Any changes or additions to the Scope of Work requested by the Owner must be authorized in writing. Additional work shall be billed at the Contractor’s prevailing rates for labor and materials.

If unforeseen conditions, code requirements, or site conditions necessitate modifications to the Work, the Owner agrees to pay all associated additional costs. The Contractor shall provide notice and a revised estimate for such additional work.

​

PAYMENT TERMS AND LATE PAYMENTS:
The Owner agrees to remit payment in accordance with the terms set forth in this Agreement and estimate.

Any unpaid balance not received when due shall accrue interest at the rate of 1.36% per month, or the maximum rate permitted under Florida law, whichever is less.

In the event of non-payment, the Contractor reserves all rights available under Florida law, including the right to suspend work, engage collection services, file a construction lien against the Property, and pursue legal action for recovery of all sums owed, including interest, attorney’s fees, court costs, and collection expenses.

​

NOTICE TO OWNER:
The Owner certifies that they are the lawful owner or authorized representative of the Property and are contracting directly with the Contractor.

The Owner acknowledges that, because they are contracting directly with the Contractor, a separate Notice to Owner may not be provided prior to the filing of any lien rights available under Florida law in the event of non-payment.

​

FORCE MAJEURE:
The Contractor shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, severe weather, fire, flood, labor disputes, material shortages, governmental actions, pandemics, war, terrorism, or other unforeseen circumstances.

The Contractor shall notify the Owner of any such delay and both parties shall make reasonable efforts to mitigate resulting impacts.

​

INDEMNIFICATION AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, the Owner agrees to indemnify, defend, and hold harmless the Contractor, its officers, employees, agents, and affiliates from and against any claims, damages, liabilities, losses, or expenses, including reasonable attorney’s fees, arising out of or related to the Work, except to the extent caused by the Contractor’s gross negligence or willful misconduct.

The Contractor shall not be liable for incidental, consequential, or special damages beyond the scope of the contracted Work.

The provisions of this section shall survive completion or termination of this Agreement.

​

GENERAL PROVISIONS:
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

This Agreement may be executed electronically and in counterparts, each of which shall be deemed an original.
Section headings are for convenience only and shall not affect interpretation of this Agreement.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver of any provision of this Agreement shall be deemed continuing unless expressly stated in writing.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

​

NOTICE REGARDING CONSTRUCTION DEFECT CLAIMS

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND OPPORTUNITY TO CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.